[Federal Register Volume 83, Number 167 (Tuesday, August 28, 2018)]
[Notices]
[Pages 43848-43849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18611]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-089]
Countervailing Duty Investigation of Steel Racks From the
People's Republic of China: Postponement of Preliminary Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Applicable August 28, 2018.
FOR FURTHER INFORMATION CONTACT: Eli Lovely at (202) 482-1593 or Robert
Galantucci at (202) 482-2923, AD/CVD Operations, Enforcement and
[[Page 43849]]
Compliance, Office IV, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230.
SUPPLEMENTARY INFORMATION:
Background
On July 10, 2018, the Department of Commerce (Commerce) initiated a
countervailing duty (CVD) investigation of imports of steel racks from
the People's Republic of China.\1\ Currently, the preliminary
determination is due no later than September 13, 2018.
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\1\ See Certain Steel Racks from the People's Republic:
Initiation of Countervailing Duty Investigation, 83 FR 33201 (July
17, 2018) (Initiation Notice).
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Postponement of Preliminary Determination
Section 703(b)(1) of the Tariff Act of 1930, as amended (the Act),
requires Commerce to issue the preliminary determination in a CVD
investigation within 65 days after the date on which Commerce initiated
the investigation. However, section 703(c)(1) of the Act permits
Commerce to postpone the preliminary determination until no later than
130 days after the date on which Commerce initiated the investigation
if: (A) the petitioner \2\ makes a timely request for a postponement;
or (B) Commerce concludes that the parties concerned are cooperating,
and determines that the investigation is extraordinarily complicated,
and that additional time is necessary to make a preliminary
determination. Under 19 CFR 351.205(e), the petitioner must submit a
request for postponement 25 days or more before the scheduled date of
the preliminary determination and must state the reasons for the
request. Commerce will grant the request unless it finds compelling
reasons to deny the request.
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\2\ The petitioner is the Coalition of Fair Rack Imports and its
individual members are Bulldog Rack Company, Hannibal Industries,
Inc., Husky Rack and Wire, Ridg-U-Rak, Inc., SpaceRAK, a Division of
Heartland Steel Products, Inc., Speedrack Products Group, Ltd.,
Steel King Industries, Inc., Tri-Boro Shelving & Partition Corp.,
and UNARCO Material Handling, Inc.
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On August 9, 2018, the petitioner submitted a timely request that
Commerce postpone the preliminary determination.\3\ The petitioner
states that it requests postponement of the preliminary determination
because the scope of the investigation does not coincide exactly with
any particular HTS category, it has been time-consuming for Commerce to
identify the largest producers of subject imports, and, at the time of
the petitioner's request, Commerce had not yet been able to designate
mandatory respondents.\4\ The petitioner states that the postponement
would allow sufficient time for Commerce to conduct a full
investigation regarding the subsidy benefits received by Chinese
producers and exporters of subject racks.
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\3\ Letter from the petitioner, ``Re: Certain Steel Racks from
the People's Republic of China: Request to Postpone Preliminary
Determination,'' dated August 9, 2018.
\4\ Id.
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In accordance with 19 CFR 351.205(e), the petitioner has stated the
reasons for requesting a postponement of the preliminary determination,
and Commerce finds no compelling reason to deny the request. Therefore,
in accordance with section 703(c)(1)(A) of the Act, Commerce is
postponing the deadline for the preliminary determination to no later
than 130 days after the date on which the investigation was initiated,
i.e., November 19, 2018.\5\ Pursuant to section 705(a)(1) of the Act
and 19 CFR 351.210(b)(1), the deadline for the final determination of
this investigation will continue to be 75 days after the date of the
preliminary determination, unless postponed at a later date.
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\5\ Postponing the preliminary determination to 130 days after
initiation would place the deadline on Saturday, November 17, 2018.
Commerce's practice dictates that where a deadline falls on a
weekend or federal holiday, the appropriate deadline is the next
business day. See Notice of Clarification: Application of ``Next
Business Day'' Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10,
2005).
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This notice is issued and published pursuant to section 703(c)(2)
of the Act and 19 CFR 351.205(f)(1).
Dated: August 22, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-18611 Filed 8-27-18; 8:45 am]
BILLING CODE 3510-DS-P